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United States · Delaware limitation periods

What is Delaware’s current wage and personal-services limitation period?

Section 8111 gives two years for covered wage and service claims accruing on or after April 26, 2023. The amendment does not apply that period to earlier accrual.

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Period
2 years for accrual on or after April 26, 2023
Trigger
Independently established accrual of the covered wage or personal-services claim
Rule
10 Del. C. § 8111
10 Del. C. § 8111

Current two-year text under 84 Del. Laws, chapter 20, approved April 26, 2023. Section 2 applies the amendment to accrual on or after the Act’s effective date. Earlier accrual is refused.

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Which event controls this 10 Del. C. § 8111 inquiry?

Use a covered Superior Court claim for wages, salary, overtime or listed work and personal-services benefits, accruing on or after April 26, 2023. Use an event after June 30, 2020 with no applicable toll or alternative period. Accrual must also be on or after April 26, 2023.

The text also covers the described damages, interest and penalties resulting from nonpayment. Identify the asserted obligation and its accrual, not merely the employee’s termination.

84 Del. Laws, chapter 20 replaced one year with two. Section 2 applies the change to claims accruing on or after the Act’s effective date; the Act was approved April 26, 2023.

An earlier claim needs its historical statutory edition. A federal wage cause of action or another statutory remedy does not acquire the Delaware period merely because wages are involved.

10 Del. C. § 8111

How is this disclosed component counted?

  1. Use a covered Superior Court claim for wages, salary, overtime or listed work and personal-services benefits, accruing on or after April 26, 2023. Use an event after June 30, 2020 with no applicable toll or alternative period. Accrual must also be on or after April 26, 2023.
  2. Exclude the established event day under Superior Court Civil Rule 6(a). Count the stated calendar years or months under 1 Del. C. § 302(13), (24). Intermediate weekends and holidays remain inside these long periods. Apply the eligible final-day rule after the calendar interval.
  3. Check the actual final holiday, court closure and county-specific availability.
  4. Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.

For the disclosed Superior Court branch, Rule 6(a) excludes the event day and rolls a final Saturday, Sunday, legal holiday or Prothonotary closure to the next open day. Common Pleas Rule 6(a) supplies its own equivalent final-day treatment for the disclosed forcible-entry branch. Section 501 defines statutory holidays and weekend observance. Sunday July 4, 2027 is observed on Monday July 5. Sussex County Return Day is a separate half-day holiday in general-election years; the bundled calendar does not determine that county’s filing availability. Check actual closures and declared holidays separately.

These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.

Superior Court Civil Rules 3(a), 6(a), 79.1

What does an independently derived example show?

Fictitious example

Use a covered Superior Court claim for wages, salary, overtime or listed work and personal-services benefits, accruing on or after April 26, 2023. Use an event after June 30, 2020 with no applicable toll or alternative period. Accrual must also be on or after April 26, 2023. Fictitious established facts. Use a covered Superior Court claim for wages, salary, overtime or listed work and personal-services benefits, accruing on or after April 26, 2023. Use an event after June 30, 2020 with no applicable toll or alternative period. Accrual must also be on or after April 26, 2023. The selected event is August 2, 2025. No additional actual closure, toll, agreement or different statutory branch applies.

Example counting steps
StepWhat is countedDate
Established eventIndependently established accrual of the covered wage or personal-services claimAugust 2, 2025
Disclosed statutory component2 years for accrual on or after April 26, 2023August 2, 2027
Example resultAugust 2, 2027

Fictitious established facts. This result applies only to the disclosed component. It does not decide accrual, classification, tolling, contractual terms, historical applicability or whether the required act occurred.

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Which qualifications change this inquiry?

Prospective applicability
The two-year preset refuses accrual before April 26, 2023. It does not revive an older claim by applying the current period.
Accrual evidence
Preserve the unpaid obligation and legally established accrual for each claimed item. Termination is not automatically the statute’s event.
Distinct remedies
Classify the actual cause of action before choosing section 8111 rather than assuming all employment disputes share its period.
Historical statutory and emergency scope
These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
10 Del. C. § 8111
  • Establish the applicable edition and actual legal facts independently.
  • The disclosed calculation does not resolve a different statutory branch, a foreign shorter period or an unmodeled toll.

Which facts and completed acts should be preserved?

Questions about 10 Del. C. § 8111

What is Delaware’s current wage and personal-services limitation period?

Can a 2022 wage claim use this two-year calculator?

No. Section 2 makes the amendment prospective by accrual. Earlier claims require historical review.

84 Del. Laws, chapter 20, §§ 1–2, approved April 26, 2023

Does termination always begin two years?

No. Section 8111 uses accrual of the cause of action on which the action is based.

10 Del. C. § 8111

Does the statute cover interest and penalties too?

The text includes the described interest, penalties, damages and other benefits arising from the covered work or services.

10 Del. C. § 8111

Official Delaware sources and review

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
10 Del. C. § 8111This particular statutory procedure and its conditions
84 Del. Laws, chapter 20, §§ 1–2, approved April 26, 2023The individually identified statutory or judicial qualification
10 Del. C. § 8121The individually identified statutory or judicial qualification
10 Del. C. § 8117The individually identified statutory or judicial qualification
Delaware Supreme Court Administrative Order 7, June 5, 2020, paragraph (7)The historical extension window and calculator coverage qualification
1 Del. C. § 302(13), (24)Calendar-month and calendar-year definitions
1 Del. C. § 501(a)–(c)Statutory holidays, observed dates and county-specific Return Day
Superior Court Civil Rules 3(a), 6(a), 79.1Superior Court commencement and final-day computation
Superior Court Administrative Directive 2007-6, procedure 6(a)Successful recorded Superior Court transmission by 11:59 p.m. Eastern Time
Court of Chancery Rules 5(d), 6(a)Different Chancery electronic deadlines and court-rule scope
Read the official provision

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